Sample Parenting Plans – Legal Custody
Legal custody is one of the most critical aspects of a parenting plan for divorcing or separating couples. It typically involves the authority to make significant decisions regarding a child’s upbringing, including education, healthcare, and religious practices. Navigating legal custody arrangements can be complex, and it’s essential to understand the options available—whether it’s sole legal custody, where one parent has full decision-making authority, or joint legal custody, where both parents collaborate on key decisions. On this page, you’ll find sample language for parenting plans designed to help you define and formalize legal custody agreements that prioritize your child’s well-being while reducing conflict between parents. Explore these examples to ensure clarity and cooperation in your co-parenting journey. *Sampleparentingplans.com is not a substitution for legal advice. These are provided as examples only. Please consult your attorney for advice regarding your particular situation in your particular location.
Joint Legal Custody
Joint legal custody is the most common arrangement seen in parenting plans. Many states have laws about joint legal custody and presume it to be in the child’s best interest. Joint legal custody is a custody arrangement in which both parents share the authority and responsibility to make important decisions regarding their child’s upbringing. This includes decisions about education, healthcare, religion, and other major life choices. Joint legal custody requires parents to communicate and collaborate to ensure that decisions are made in the child’s best interests, even though the child may primarily live with one parent. This arrangement encourages active involvement from both parents in the child’s life, fostering a cooperative co-parenting dynamic while ensuring that the child benefits from both parents’ input and guidance.
Joint Legal Custody with decision making
Some parenting plans provide for joint legal custody with one parent having decision making or tie-breaking authority in the event that the parties cannot come to an agreement. While both parents must collaborate and attempt to reach consensus on major issues such as education, healthcare, and religion, the parent with tie-breaking authority can make the final call when a dispute arises. This arrangement balances joint involvement while providing a mechanism to avoid stalemates, ensuring decisions are made efficiently while still encouraging both parents’ active participation. In some cases, a party may want to have tie-breaking authority over a specific issue, like therapy, medication, or where the children go to school. In that case, the parties can spell out the limitations of the decision making authority vested to one parent.
Sole Legal Custody
Sole legal custody is a custody arrangement where one parent has the exclusive authority to make important decisions regarding the child’s upbringing, including matters such as education, healthcare, and religion. In this arrangement, the custodial parent does not need to consult or obtain consent from the other parent when making these decisions. Sole legal custody is typically granted when it’s in the best interest of the child, often due to factors like one parent’s inability to participate in decision-making or a history of conflict. This arrangement provides clarity and consistency for the child’s well-being, with one parent fully responsible for key choices.
How to include in your sample parenting plan:
- Parties shall be awarded joint legal custody of the minor child(ren).
- Parties shall have joint legal custody. In the event that the parties cannot agree on a medical, educational, or religious issue, [parent name/party name] shall have the final right to make such decisions for the minor children.
- [Parent name/party name] shall have sole legal custody of the minor children.